White v. . Carroll
New York Court of Appeals
This is an appeal by the defendant from a judgment of the Supreme Court in the fourth district, in favor of the plaintiff, rendered on the verdict of a jury. The action was for libel and slander, and was tried before Hr. Justice Pottee and a jury, at the Montgomery circuit, in May, 1861. Both parties resided in Amsterdam, Montgomery county, and practiced as physicians, the plaintiff being of the homosopathic, and the defendant of the allopathic school of practice.
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This is an appeal by the defendant from a judgment of the Supreme Court in the fourth district, in favor of the plaintiff, rendered on the verdict of a jury. The action was for libel and slander, and was tried before Hr. Justice Pottee and a jury, at the Montgomery circuit, in May, 1861. Both parties resided in Amsterdam, Montgomery county, and practiced as physicians, the plaintiff being of the homosopathic, and the defendant of the allopathic school of practice. In a contest before the surrogate of the county of Montgomery, in respect to the mental capacity of one Jay Phillips, deceased, to…
1Opinion of the CourtSutherland, J.
The legislation of this State, from and including the act of the 23d of March, 1797 (3 Greenleaf, 427), to the act of May 6th, 1844 (Laws of 1844, page 406), had so far, and continuously recognized and regulated the practice of the allopathic system or school of medicine (and which may still be called the old and perhaps the ordinary system or school of medicine) as the only legal system or school of medicine, that I question whether any physician, or person calling himself, or called by others, a physician, not licensed as an allopathic physician, could, previous to the act of 1844, have…
2Cases cited2 opinions
- March v. DavisonNew York Court of Chancery · 1842
- Bailey v. MoggNew York Supreme Court · 1847
3Cited by31 opinions
- Briscoe v. LaHueSupreme Court of the United States · 1983
- Yaselli v. GoffCourt of Appeals for the Second Circuit · 1926
- Myers v. HodgesSupreme Court of Florida · 1907
- Johnson v. BrownWest Virginia Supreme Court · 1878
- State v. CareyWashington Supreme Court · 1892
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